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Recent research has documented some of the historical causes of the ongoing absence of water justice. When the land rights agenda emerged towards the end of the 20th century, deliberate decisions were made to restrict access mostly to land without water rights.
The discussion in Australia as to how such atrocities are to be approached is telling. The call for responsibility has varied by degrees. Most tend to some variant of the rotten apple theory: a few particularly fruits that may be isolated and extruded from the barrel. Culpability can thereby be confined, preserving the integrity of other military personnel and, importantly, political decision makers.
It may have taken five years but in the last session of the recently completed Senate Inquiry, finally a government department bureaucrat has used the phrase — '…it is a national issue.' Well certainly — 'When it suits,' one might respond.
I would like here to reflect on the relationship between accountability and other essential aspects of public life: reflection, responsibility, and praise or blame with their attendant punishment and reward. The order and priorities within these need to be respected both in government action and in public comment.
The need to contain the spread of COVID-19 has led to a raft of emergency laws that have challenged us to deeply consider the appropriate balance between community and individual rights.
On July 22, Katta O'Donnell filed an action in the Federal Court in Victoria hoping to make good her promise to put the government on trial for ‘misconduct’. The action notes that, ‘At all material times there has existed a significant likelihood that the climate is changing, and will continue to change, as the result of anthropogenic influences.’ Australia was ‘materially exposed and susceptible’ to the risks posed by climate change.
If our governments fail to roll out frameworks of good governance when times are good, they cannot expect to have the trust of the people during a crisis. So long as Australia fails to enter into proper legal relations with Aboriginal and Torres Strait Islander peoples, we will see protests, and ‘agitators’ will continue to call for justice.
Will former Governor General John Kerr's correspondence with the Queen shed light on what really happened in 1975? It may very well, and historians like Jenny Hocking were willing to challenge the National Archives of Australia's refusal to access such records in High Court.
Reconciliation week itself begins on the 27th May, the anniversary of the 1967 Referendum, which granted Aboriginal people the right to be counted in the census. The anniversary of the Mabo ruling in the High Court rounds out the week. Yet every year, I would swear that this week means nothing more to most people in this country than to call on the Aboriginal and Torres Strait Islander people in their workplaces and community to do more work.
On 17 April 2020, the Federal Court ordered that Immigration had failed to comply with procedural fairness for the family. The case is known by the pseudonym XAD. The XAD case relied on significant legal principles going back to the M61 High Court decision of 2011.
The opacity of the Australian public service, and its disposition to secrecy, has left journalists in a bind. Leaks constitute the oxygen of the secret state, but publishing that material remains a dangerous affair.
Despite claims to the contrary, the decision in Love and Thoms affirms the standing of the common law, including the unassailable power of the Australian State to make and enforce law. It upholds the centuries-long common law principle of accommodation of Indigenous laws in a colonial context.
37-48 out of 200 results.